Clear Answers for Common Questions

Many professional attorneys offer a free initial consultation for potential clients, but this is not always the same as offering free legal advice. While the initial meeting may be free, the attorney is often simply evaluating the merits of the case and any possible out-of-court settlements. Any subsequent ...

Imagine for a moment that you rent a chainsaw from the local ABC rental company. Since your ability to use a chainsaw safely remains unproven to the ABC rental agent, he may ask you to sign a number of papers. One of those papers might read: "The renter of this ...

A legal separation is a court document which affirms that a married couple are living apart. The document details the mutual rights and responsibilities of the couple, typically spelling out terms of child support, spousal support, child custody, and other issues which may come up. A legal separation is not ...

When a married couple choose to separate, there is always the question of whether or not to make the separation formal by filing a request for a legal separation with the local court. In some cases, taking this action may not be necessary, especially if the spouses have kept their ...

Legally speaking, a third party is a person or group who is not a party to a legal contract or transaction, but who has an interest or involvement in some way. Different areas of law may regard people in this position differently, but generally speaking, they no legal rights in ...

A legal observer or LO is a neutral party who observes an event at which which misconduct on the part of police or government officials may become an issue. Most classically, legal observers are present at protests, demonstrations, and marches to look out for irregularities among the police, but legal ...

Legal immunity is a type of legal protection which is offered to certain people in particular circumstances. Essentially, someone with this protection cannot be prosecuted. The most well known example of legal immunity is probably prosecutorial immunity, which is sometimes offered to a witness in exchange for his or her ...

A paralegal or legal assistant is a trained person, often with certification from state or government agencies, who performs a variety of support jobs for supervising lawyers. The paralegal cannot give legal advice, represent people in court, or sign any legal documents, except in the capacity of a notary if ...

A legal guardian is someone who is appointed to take care of someone else, along with that person's property. Most commonly, this person takes care of a minor child and looks after his or her assets, but one may also be appointed to care for an adult who has ...

When someone who is not qualified to practice law offers legal advice, prepares legal documents, or represents a client in court, this is known as unauthorized practice of law (UPL). Individual regions have their own statutes about what is considered unauthorized, and the line between perfectly legal activity and questionable ...

There may be any number of reasons why a person would want to change their name. Besides the obvious reasons of marriage and adoption, which generally include a legal name change, people may change their name to disassociate from something negative or infamous, or may simply wish to give themselves ...

The idea of balancing the equities has existed in the legal sphere since classical Greek times, when Plato wrote about the difficulty of balancing the law as set forth and a sense of fairness. The phrase refers to a type of judgment that may go beyond the law when the ...

Lawyers Without Borders is a nonprofit organization based in the United States which provides legal assistance to countries and organizations which need it. The organization is run on the principle of neutrality, with the goal of offering balanced, useful service to the third world. Lawyers Without Borders has several offices ...

Pro per is an abbreviation of the Latin term in propria persona, which means "by one's self." In legal terms, it refers to someone who chooses to act as his or her own legal counsel in a lawsuit, despite not being a lawyer. This term is synonymous with pro ...

In law, the term pro bono refers to legal work that is performed voluntarily and free of charge. A lawyer may take on a legal case for free for a good cause. For example, if an individual has a viable case, but no money to retain a lawyer, a lawyer ...

Few people ever welcome the idea of taking a dispute to court. A formal hearing can be very expensive and time-consuming, and one side may find themselves devastated by a judge or jury's ruling. For this reason, many people try to resolve legal disputes two methods — mediation ...

A last will and testament is a document used to indicate a person's monetary, property, and familial intentions after death. It is used to provide instructions for the distribution of a person's assets to surviving beneficiaries. As long as it's prepared according to the laws of the ...

In legal terms, perjury is defined as willfully giving incomplete, misleading, or simply false testimony while under oath. It is usually used to refer to testimony given during a court trial. Some legal documents are signed “under penalty of perjury,” meaning that if someone lies about anything on that form ...

Legal assistants, or paralegals, generally support the work of lawyers in all fields. Such work may include organizing files, scheduling, holding preliminary meetings with clients, researching legal precedents, preparing lawyers for court cases, and drafting legal briefs. Legal assistants can come to the field with a Bachelor's Degree, an ...

Paralegals, or legal assistants, assist lawyers in preparation for hearings, trials, closings, and corporate meetings. Most paralegals work for law firms, government agencies, or corporate legal departments. A paralegal most likely has a degree or certificate in paralegal studies, although many employers do not require certification. Many tasks can be ...

A tax haven is a legal jurisdiction such as a country or principality where the rate of taxation is lower than in surrounding areas. Tax havens are generally characterized by strong privacy protections, low tax rates, and highly reputable banks. They are traditionally amongst the most politically stable regions in ...

In law, pro se is a term applied to a situation in which an individual handles his or her own legal case, without the assistance of an attorney. Individuals may choose to proceed pro se for a variety of reasons. For some, the choice may be financial. Many lawyers charge ...

Jurisprudence is the study of law, specifically legal philosophy and science. It has numerous branches that focus on a range of issues, from whether or not law should exist to what sort of penalties are appropriate for violations of the law. The field is largely dominated by Western laws and ...

LexisNexis® is an extensive database of legal documents and archives of publications in periodicals like journals, magazines, and newspapers. This massive archive of searchable content is used by people in a wide variety of fields all over the world. In order to access LexisNexis®, people must pay subscription ...

Res judicata is a Latin term used in the legal community, meaning “the thing has been decided.” It is used to refer to cases which cannot be appealed or retried. For example, if person X sues person Y for damages in California and damages are awarded by the court, the ...

A statement of facts is a legal document that sets forward factual information without argument. These documents are used in a variety of legal settings, ranging from appeals to filing vehicle registration paperwork. Depending on the context, a statement may be prepared by a legal professional, or it may consist ...

Whether or not we knew it by that name, many of us have signed at least one adhesion contract during our adult lives. A standard insurance policy is often considered to be an adhesion contract, as well as an apartment lease or a "End User's Licensing Agreement" (EULA). Even ...

Generally referred to as public defenders, court-appointed attorneys are lawyers who provide legal counsel to those who have been criminally charged and cannot otherwise obtain or pay for an attorney; the court-appointed legal assistance is usually free, unless the defendant was not charged with the original crime, in ...

For any number of teenagers living under strict parental guidelines, the idea of emancipation must seem like the ultimate get-out-of-jail free card. The harsh reality concerning legal emancipation is that many may feel called, but relatively few are chosen. In the United States, a child under the ...

Tenant's rights are rights and legal protections under the law which are extended to renters. They are also known as “renter's rights.” Landlords also have specific rights and protections. Both sets of laws are designed to ensure that renters and landlords fulfill their responsibilities to each other, and ...

A cease and desist letter (also known as a C&D letter) is a legal letter that instructs a person, group, or organization to discontinue an action or program of actions that have been deemed harmful to another person, group, or organization. To “cease and desist” literally means to “stop ...

A magistrate is someone who has the authority to enforce laws, typically within a limited jurisdiction such as a province or county. The exact role of a magistrate within the legal system varies, depending on the nation which he or she serves. In some cases, for example, a magistrate is ...

A legatee, also called a beneficiary, is a person who will receive something from a will, when the will is executed, usually by the executor responsible for carrying out the wishes of the testator (person who made the will). Companies or corporations can be considered legatees too. There used to ...

Perhaps no other profession has as many variations in titles than that of lawyer. The titles attorney, lawyer, barrister and Esquire are frequently used, sometimes interchangeably, in the field of law. However, by definition, each has a unique meaning. Generally speaking, an attorney, or attorney-at-law, is a person ...

A bright-line rule or bright-line test is a clear, simple, and objective standard which can be applied to judge a situation. In a simplistic example of a bright-line rule, if a young person had been told that a cookie jar was off limits and he or she ...

An omnibus motion is a type of legal motion in which multiple requests are bundled. Legal motions are an important part of legal procedure in most courts, allowing issues to be brought into the court in a systematic fashion. A motion can be introduced at any point during a trial ...

Operating a motor vehicle safely is difficult enough when sober, but add the effects of alcohol or other intoxicants and the task can become nearly impossible. A significant number of traffic deaths and serious accidents are caused by alcohol or drug-impaired drivers, although many of them survive the incidents ...

A title deed is a legal document which is used to prove ownership of a piece of property. Most commonly, title deeds are used as evidence of ownership for homes and vehicles, although technically a deed of title could be issued for another form of property. In many regions of ...

Malfeasance is a legal term that refers to an individual intentionally performing an act that is illegal. Malfeasance is related to two other legal concepts: misfeasance and nonfeasance. Misfeasance is a legal act performed wrongfully, for instance, if a public official or a lawyer did something that was not illegal ...

A false arrest is a situation in which someone is detained unlawfully. Depending on the circumstances, this charge may be changed to a false imprisonment charge, in which someone is illegally confined, or a kidnapping, in which someone is detained and transported illegally. It can be difficult to prove a ...

The short answer to this question is no, you cannot copyright a phrase for the purpose of legal protection. Copyright laws primarily cover "original works of authorship" that are finalized in fixed form of expression. This can include fixed forms of unique ideas, compositions, plays, novels, song lyrics and so ...

One common meaning of double jeopardy refers to a legal right defined in the Fifth Amendment of the United States Constitution that prohibits trying a defendant twice for the same offense. The Fifth Amendment is part of the Bill of Rights in the US Constitution, and also states that a ...

The relationship between landlord and tenant can become a little complicated at times. Usually, the terms of a written lease provide legal protection for both sides, but in the real world, a piece of paper isn't always the final word. Some landlords can render a property so uninhabitable that ...

When someone dies, with or without a will, their goods and property are distributed to their heirs and creditors. This process is called probate, and the legal steps can vary from jurisdiction to jurisdiction. If the deceased has a will, it will name an executor, a person designated to see ...

Landlord insurance serves to protect landlords during circumstances where they are prevented from using their property to earn an income. These circumstances include legal disputes between a landlord and tenant. If legal expenses are purchased as a part of the insurance coverage, landlords will be compensated for any related legal ...

An appellate court is a court with the authority to review decisions made by lower courts, and to hand down new decisions, when appropriate. In most countries, the legal system has several levels, which allows people to potentially petition a series of appellate courts if they feel that their cases ...

One of the most difficult tasks associated with the dissolution of a relationship between two adults is how to take care of any children belonging to the couple. For this reason, there are many different strategies that may be employed to ensure the custody rights of children. However, there is ...

A custodial account is a common financial strategy for establishing and protecting financial assets for minor children. Often created by a parent or legal guardian, there are two common functions of this type of account. A minor’s account helps to ensure that financial resources are available to meet the ...

Child custody is a term used in family law courts to define legal guardianship of a child under the age of 18. During divorce or marriage annulment proceedings, the issue of child custody often becomes a matter for the court to determine. In most cases, both parents continue to share ...

Promissory estoppel is a common law doctrine used by courts to enforce promises that have been made and subsequently relied upon. Most of the time, contract law dictates the terms of how promises should be enforced. Promissory estoppel usually comes into play when there is no formal contract, but the ...

A land contract is a contract between the buyer and a private seller of a property, wherein the seller holds the title or deed to the property until all agreed upon payments have been made in full. The laws governing such contracts can vary by jurisdiction, so it is important ...

Landlords and tenants are both legally obligated to honor the specific terms of a rental contract, nothing more and nothing less. With a few notable exceptions, landlords are not required to provide a reason for terminating a rental agreement at the end of the contract. It might be in the ...

A non disclosure agreement (NDA) is a legal contract between at least two parties to protect trade secrets, intellectual property, or other confidential information shared by one of those parties with the other. If the party bound to secrecy discloses the confidential information before the agreement expires, he or she ...

A petition is a formal written document which is submitted to an authority in an attempt to get that authority to accede to a request. Typically, it is signed by multiple people, indicating that a large group of people supports the request detailed in the document. In some countries, the ...

An inquest is a formal inquiry which is held in a court to determine how and why something happened, and if additional action is needed. The classic example of an inquest is a coroner's inquest, an examination held before a court to determine cause of death. Typically an inquest ...

Fraud is a deliberate misrepresentation that causes a person or business to suffer damages, often in the form of monetary losses. All of these elements are usually required for an act to be considered fraud; if someone lied about his name, for example, it would not be fraud unless in ...

Legally speaking, entrapment occurs when a police officer or other government agent deceives a person into committing a crime that he or she had no intention of committing. In many jurisdictions, if a court determines that the charges against the defendant are based on entrapment, he or she cannot be ...

The cost of an attorney can be significant for nearly any type of legal work, but knowing a few things about lawyer's fees could help save a significant amount of money. Doing a little research can help better understand what different attorneys may accept for lawyer's fees. However ...

A testamentary trust is a type of trust that is put into effect when the testator dies. This type of trust is often created for children who are minors or young adults so that money, such as life insurance funds, will be distributed to them when a parent dies. It ...

Mediation has become a popular form of conflict resolution for personal relationships, professional relationships and even legal issues. Many corporations and federal agencies offer alternative dispute resolution (ADR) to their employees in the event that there is a disagreement. It provides a neutral forum for airing disagreements where an impartial ...

Getting a divorce is never any fun, but for people who know the proper steps and what they are in store for, it can at least be much less painful. The rules for divorce are different from country to country and state to state, but in general, there are a ...

Both DUI and DWI are terms that refer to operating a motor vehicle while impaired by illegal drugs or alcohol. The biggest difference between the two is only in what the letters stand for. DWI is an acronym for driving while intoxicated or impaired and DUI stands for driving under ...

Mediation refers to any interchange between two groups or individuals attempting to bring their respective points of view to a compromise. The major uses of the term refer to law, diplomacy and commerce. Mediation may also be used in a scientific sense to discuss the interchange between biological organisms, or ...

A covenant not to compete, also called a non-competitive clause, is a formal agreement asking former employees not to perform similar work within a designated area for a specified amount of time after leaving their original employer. Many workers sign one as part of the paperwork required for employment ...

Intellectual property, sometimes abbreviated IP, is a legal definition of ideas, inventions, artistic works, and other commercially viable products created out of a person's own mental processes. In the same sense that real estate titles and bills of sale establish ownership of tangible items, intellectual property is protected by ...

Adjudication is where a neutral person, usually empowered by an agency to make binding decisions, is given the tasks of examining facts and rendering a decision or judgment. It can refer to the casual type of judging that occurs at music or sports competitions, where the judges adjudicate and award ...

Debt settlement is a situation in which a creditor and debtor are able to reach an agreement to discharge an outstanding debt for less than the current amount of the debt. Creditors may choose to go this route when economic reversals render the debtor unable to pay the entire amount ...

The phrase “de facto” is Latin for “in fact.” It is used to describe commonly accepted practice which has no legal or official status. For example, English is the de facto language of Australia, meaning that it has no formal legal status, but most citizens speak English, and English is ...

Libel is a published or fixed form of defamation of character; a civil wrong that falsely impugns the reputation or character of a person or entity, opening the target up to public scorn or ridicule. It might appear in a magazine, book, newspaper, or in a radio or television broadcast ...

A minute order is a legal document. It's a court's answer to a party's request. In legal terms, this request is called a motion. A minute order is a court's answer to, or ruling on, a motion. Parties may move for several things during a trial ...

Mandatory binding arbitration is a term coming up in discussion more frequently. Essentially, many contracts with companies or service providing individuals (doctors, dentists, auto repair people) may ask you to sign a contract which states if you have a legal dispute with the company or individual, you agree to bypass ...

Paying a lawyer on contingency means that the plaintiff agrees that the attorney's fee will be determined by the amount of the settlement awarded to the plaintiff, should the case be decided in his or her favor. If the plaintiff does not win the case, the attorney will receive ...

The actual process of obtaining a restraining order can vary significantly from jurisdiction to jurisdiction, but there are some common rules and procedures to follow. There are essentially two different schools of thought when it comes to the nature and scope of a typical restraining order. One is considered protection ...

Slander is the spoken or transitory form of defamation of character, a legal term that refers to a falsehood presented as true which could harm the reputation of a person or entity. Slander also encompasses body gestures as in the case of sign language. If defamation of character is placed ...

Alimony is a legal financial arrangement between separated or divorced couples, whereby one partner provides regular payments to the other. It is only available to couples that have been legally married. Unmarried couples have palimony for relief. Traditionally, married couples consisted of a working partner and a domestic partner. The ...

Many drivers assume they cannot fight a traffic ticket because the court system often appears stacked in favor of the police department. The word of the officer who issued the traffic ticket would be given significant weight during a trial, and traffic court judges rarely entertain lengthy defenses. To successfuly ...

One of the most crucial aspects of a fair legal trial is the right to call witnesses on both sides. When you are asked to serve as a witness, it is assumed that you are aware of information which could be pertinent to the trial. There are certain legal and ...

The process for serving on a jury often begins with a letter in your mailbox from a local court system's clerk. This is the first shot the court system fires across the civil service bow, called a "jury duty summons". This document should inform you of a specific time ...

A deed is essentially a piece of paper that transfers interest in land from one person, called the grantor, to another, called the grantee. It's essentially a real estate contract. To be legally effective, it must be signed by the grantor and describe the land being conveyed. A quitclaim ...

In legal terms, the word liability refers to fault. The person who is at fault is liable to another because of his or her actions or failure to act. One example is in the case of a crime. The liability of the offending party may include providing restitution for damage ...

A promissory note, often shortened to 'note', is a legally binding document that states the specific details of a loan transaction and is usually read and signed by people borrowing from most commercial lenders. The note should provide specific details on the amount of the original loan, known as the ...

Legally binding simply means that one agrees with the terms under a written or spoken contract to behave in certain ways. The terms and conditions of such a contract can either prohibit or define appropriate behavior under the agreement. Violation of terms in this type of agreement can either void ...

A joint will is a will that two people make together, each leaving all their property and assets to the other. When one of the two passes away, the joint will ensures that their property and assets pass on to the other. The will also stipulates what will happen with ...

The use of deed transfers is common in all quarters of the world. Essentially a generic term that encompasses all types of transferring a deed from one person or entity to another, the deed transfer is a means of ensuring that buying and selling property is kept within the standards ...

The term quid pro quo is a Latin phrase informally translated as "something for something" or "this for that." The phrase is used in a number of different arenas, from the legal to the political to the economic. Some quid pro quo is seen as a form of social bartering ...

Subpoena translates to "under punishment" in Latin. It is an order from a court for a person to appear at a trial under punishment for failure to appear. If the person given a subpoena does not appear, some courts have the discretion to find the person in contempt of court ...

A consent decree is an order issued by a judge that expresses a voluntary agreement by the participants in a lawsuit. Sometimes a suit ends when a judge issues a consent decree, or a consent judgment. This is especially the case when the decree is issued after one side of ...

A writ of certiorari is a writ, or order, sent from a higher court to a lower one that orders the lower court to turn over transcripts and documents related to a specific case for review. In general, this order is issued by the highest court in a nation after ...

Civil procedure is legally defined as the procedure under which civil law is carried out. It refers to civil law, which encompasses laws pertaining to business, estates, legal contracts, domestic issues, accidents, and generally anything that is not considered criminal. There are instances in which civil and criminal procedure may ...

Ex post facto is Latin for "after the fact," or something changed after an act. It often refers to laws enacted after a crime or action has already been taken. This would render some people guilty of breaking laws applied after the fact, even if their actions were not considered ...

A living will is a document you draft that stipulates what kind of treatment you want or don't want in the event of an unrecoverable illness or injury that leaves you unable to speak for yourself. It gives you the power to refuse extraordinary measures that would keep your ...

The phrase “de jure” means “in law” in Latin. It refers to a policy or standard which has been established by law, in contrast with something which is “de facto,” or “in fact.” These two terms are often found in use together, with people drawing a line between practices which ...

An advance directive is a legal document used in health care. It can be either a living will or a power of attorney and is used in case you are too ill to make decisions regarding your medical care. If you are too ill or unable to communicate your medical ...

A notice to vacate is a formal declaration that someone is expected to leave a residence. It can be filed by a tenant, to indicate that he or she plans to leave by a set date, or it can be filed by a landlord, to indicate that a tenant is ...

Much like the medical and scientific communities, the legal profession uses Latin as a form of universal language. A writ of habeas corpus issued by a Spanish court, for example, is easily recognized by a judge working in the United States. Habeas corpus literally means 'you have the body', and ...

A living trust, not to be confused with a living will, is a legal instrument intended to ensure that a person's property is dispersed according to his or her wishes upon death. It may also include one's wishes concerning who should act as a guardian for any minor ...

A memorandum of understanding (MOU) is an agreement between two parties in the form of a legal document. It is not fully binding in the way that a contract is, but it is stronger and more formal than a traditional gentleman's agreement. Sometimes, the term is used as a ...

Marriage annulment is a legal procedure for nullifying a marriage that has been determined to be voidable because of the circumstances under which it was performed. The grounds for marriage annulment can vary by jurisdiction, but annulment generally is done when a marriage involves underage parties, blood relationship or the ...

A lawsuit advance is a cash amount one may receive on the pending amount of a lawsuit. Cash advances are made by a specific company who purchases the rights to that cash if and when the lawsuit settles. In the event that the lawsuit is not successful, the lawsuit advance ...

The term bylaws is of Old Norse extraction and doesn’t refer to the term by in the modern sense. Instead, by translates to the word village, and you’ll note many cities and towns that end in by, such as Whidby Island. There are several modern meanings to the ...

Many people choose to rent rather than buy living and office space. Unfortunately, not every tenant takes the time to understand laws that apply to leasing and rental arrangements. This can leave the door open for tenants to be unaware of various types of renters rights and avenues of recourse ...

The difference between a misdemeanor and a felony is not always clear-cut from state to state in the US, or in other countries. In general, it is fair to say that a misdemeanor can be defined by the maximum length of time a person can be incarcerated for the ...

Slander and libel are both types of defamation, which refers to statements that damage another person's reputation. While there are similarities, each focuses on different types of defamation strategy. The primary difference between slander and libel is that libel is the written or otherwise printed public defamation of a ...

An arraignment is the formal reading of charges against a person. Usually if the arraignment is short although it may be combined with a hearing on bail if the crime is a serious felony. This is also the opportunity for someone charged with a crime to enter a plea. In ...

A hostile witness, also called an unfavorable witness or adverse witness, is a person who testifies during a legal trial and whose testimony during direct examination harms the case of the side that called him or her to testify. If the judge declares the witness to be hostile, the calling ...